Accidents With Serious Consequences
Big trucks such as semitrucks, 18-wheelers, tractor-trailers and big rigs are among the most dangerous vehicles on the road. Though their drivers are trained, the sheer size of the vehicles means that if you are in a roadway accident with them, you can be severely injured. Common semitruck accidents involve things like rollovers, brake failures and more.
After an injury like that, you could be recovering in the hospital for some time, and therefore receiving bills, while possibly unable to work. At Aaron Garrett Law, we believe that you deserve compensation from the party at fault for the accident to cover these needs.
Pursuing The Maximum Compensation Possible
We have helped countless clients recover compensation for their injuries. We know what to do to ensure your best chance at success. With a truck accident, you may have more than one party that can be held legally responsible such as:
- The driver. They can be held responsible for their own actions in driving the truck that was in the accident.
- The company, if the driver is an employee. If the driver is legally an employee and was working when the accident took place, then the company can also be held liable.
- The company, if the driver is a contractor. If the driver is only a contractor, you may still be able to hold the company responsible. It depends on how much supervision the company gave the driver.
The reason that it may be advantageous to identify more than one party at fault is that each party likely holds their own insurance policy, and you may be able to recover a larger amount of compensation. A skilled tractor-trailer accident attorney knows this and will be able to evaluate the situation for you so that you do not have to consider it.
New Mexico Truck Accidents Frequently Asked Questions
At Aaron Garrett Law, we believe in helping our clients find solutions and explore their options. The more each client knows about their case, the better. Considering these frequently asked questions.
How long do I have to file a truck accident claim in New Mexico?
In New Mexico, the statute of limitation is three years if you have suffered injuries or lost a loved one. If you wait longer, you will lose your right to make a claim forever.
What evidence is needed to prove liability in a truck accident?
All you need to show is that the other driver acted negligently – or was intentionally reckless – and caused the crash that led to your injuries and subsequent losses. Evidence can be found in police reports, witness statements, dashcam videos and pictures taken at the scene. A crash reconstruction team may also be involved, using tactics like analyzing skid marks to see when the driver hit their brakes and how fast they were traveling.
Can I still claim compensation if I was partially at fault?
Yes. New Mexico uses comparative negligence, and you can seek compensation for the percentage of the accident that was the other driver’s fault. For instance, if you were 15% at fault and they were 85% at fault, compensation is still possible – it just may be reduced to 85% of the total losses.
What are common defenses used by trucking companies and their insurers?
Trucking companies may try to dispute who was at fault. In a rear-end accident, for instance, they may claim that the other driver cut the truck off, rather than admitting the truck driver didn’t maintain a proper following distance. The company may also try to pay less than what is fair, without taking into account any long-term health care needs or a reduction in earning capacity.
A Lawyer Can Protect Your Rights As A Victim
In any accident, it is important to contact an attorney right away. They will help you follow the right steps, as well as communicate with insurance companies to prevent damage to your case. To talk with one of our team members at Aaron Garrett Law, contact us online or call our Albuquerque office at 505-633-8837 today. The meeting will be free – we never charge any fees unless we win for you.
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